FORM NO. CAA.6

[Pursuant to section 230(7) and sub-rule (3) of rule 17]

[HEADING AS IN FORM NCLT. 4]

 

 

Order on petition

The above petition coming on for hearing on ………….. upon reading the said petition, the order dated..... whereby the 'said company (or, liquidator of the said company), was ordered to convene a meeting (or separate meeting) of the creditors/debenture holders/preference shareholders/equity shareholders/ of the above company for the purpose of considering, and if thought fit, approving, with or without modification, the compromise or arrangement proposed to be made between the said company and.....................................................and annexed to the affidavit of......................................................filed the ..................................... day of......20 ......the .......................  and the (here mention the newspaper) dated.........each containing the advertisement of the said notice convening the said meeting(s) directed to be held by the said order dated…20....................the affidavit of..............filed the day of... 20.................................. , showing the publication and despatch of the notices convening the said meeting(s). the report(s) of the chairperson/ chairpersons of the said meeting(s) (respectively) dated as to the result of the said meeting(s), (and upon hearing Shri...................advocate for etc.) and it appearing from the report(s) that the proposed compromise or arrangement has been approved (here state whether unanimously or by a majority of not less than three-fourths in value of the creditors or class of creditors or members or class of members as the case may be present and voting in person or by proxy or through postal ballot or through electronic means).

 

This Tribunal do hereby sanction the compromise or arrangement set forth in para .............of the petition herein and in the schedule hereto. and doth hereby declare the same to be binding on...(here enter the class of creditors or members on whom it is to be binding) of the above named company and also on the said company (and its liquidator').

 

And this Tribunal do further order:-

[Here enter any directions given or modifications made by the Tribunal regarding the carrying out of the compromise or arrangement.]

 

That the parties to the compromise or arrangement or other persons interested shall be at liberty to apply to this Tribunal for any directions that may be necessary in regard to the working of the compromise or arrangement, and

That the said company [or the liquidator of the said company] do file with the Registrar of Companies a certified copy of this order within thirty days of the receipt of the order.

 

SCHEDULE

Scheme of compromise or arrangement as sanctioned by the Tribunal

 

Dated this ....... day of.. ............. .20... .

 

(By the Tribunal)

 

Registrar'

To be inserted where the company is being wound-up. Where the compromise or arrangement has been approved with the modifications, it should be so stated